TN 5 (09-98)

RS 01310.010 Exercising Parental Control and Responsibility

A. POLICY - DEFINITION

Exercising parental control and responsibility means supervising the child's activities and participating in the important decisions about the child's physical and mental needs.

Parental control and responsibility may be exercised:

  • solely by the claimant;

  • jointly with the claimant's spouse; or

  • jointly with the claimant's separated or ex-spouse (see RS 01310.025 and RS 01310.030).

NOTE: The exercise of parental control and responsibility exclusively by one parent and then by the other over successive periods of time does not constitute the joint exercise of parental control and responsibility.

B. POLICY - TYPES OF CONTROL AND RESPONSIBILITY

1. Direct

The claimant may exercise parental control and responsibility directly when he/she lives with the child.

2. Indirect

The claimant may exercise parental control and responsibility indirectly by giving instructions to the child's custodian and ensuring that those instructions are carried out.

NOTE: The fact that the claimant does not lose the legal right to the child's care and custody does not constitute the exercise of parental control and responsibility even if the claimant furnishes the child's food, clothing, and shelter or makes provisions for them.

C. REFERENCE

See SSR 63-1, C.B. 1069-65, p.6, for an illustration of a situation in which a claimant exercised parental control and responsibility.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0301310010
RS 01310.010 - Exercising Parental Control and Responsibility - 03/15/2011
Batch run: 03/15/2011
Rev:03/15/2011